Extension of Lands Law, Nairobi, Thursday 1st February 2018

The Ministry of Lands and Physical Planning has been granted six months to give it ample time to seek Parliament’s input in crafting rules to facilitate regularization of title deeds issued since 2013.

An application made by the Lands ministry in December last year seeking extension of time to comply with the formulation of regulations and rules as earlier ruled by High Court judge Joseph Onguto was granted by the court in a ruling delivered by judge Chacha Mwita on 31st January 2018.

The court appreciated that the Ministry has done its part as earlier ruled by judge Joseph Onguto and it is only fair that time be extended to allow the input of parliament.

State Counsel, Charles Mutinda had earlier told the court that the government had initiated the process to correct the anomaly but was time constrained after parliament was dissolved ahead of the General Election.

In a judgment delivered in December 19, 2016, High Court judge Joseph Onguto found that the government had erred by excluding the NLC from land lease and title issuance processes.

The Constitution requires that the Ministry engages the National Land Commission (NLC) in issuance of all land ownership documents.

In his application in December, outgoing Lands Ministry CS Prof. Jacob Kaimenyi argued that going by the dates, the said Regulations and Rules had been published and forwarded to parliament, and further compounded by the current calendar of parliament which was about to proceed on recess, would not be possible to have the regulations and Rules given consideration in accordance to the Statutory Instruments Act, 2013 so as to beat the deadline of 19th December, 2017 set by the Court in its judgment.

“Going by the progress so far made in coming with comprehensive Regulations and Rules to operationalize the Land laws, in our humble view, demonstrates goodwill and obedience to the judgment and orders of the Court and that the efforts made should not thwarted and come to waste at the last minute but be supported by way of the Court extending the limited time of 366 days early ordered so as to allow the remainder process which in our estimation cannot last for more than additional 90 days”. Professor Kaimenyi had said.